![]() ![]() law following world wa… Affirmative Action, Richmond v. Curlett (decided the same day), settled whatever lingering question there may have been about the constitutionality of religion in public schools.ĭistinguished jurist and federal law enforcement official Tom Campbell Clark played a pivotal role in U.S. ![]() Justice potter stewart dissented, as he had in Engel, arguing that religious exercises as part of public ceremonies were permissible so long as children were not coerced to participate. goldberg also filed a brief concurring opinion. brennan concurred separately in opinions reflecting an even stricter separationism than Clark's. The Pennsylvania Bible reading program failed the test on both counts. A state program touching upon religion or religious institutions must have a valid secular purpose and must not have the primary effect of advancing or inhibiting religion. black, and Clark formulated a test for establishment clause validity with a precision that had eluded Black. Clark's opinion in Schempp was the first strict separationist opinion of the Court not written by Justice hugo l. clark concluded that the Pennsylvania exercise suffered from an establishment-clause infirmity every bit as grave as that afflicting New York's prayer. The question in Schempp was whether this made a difference-there being no claim that Pennsylvania was implicated in the authorship of the holy scripture. vitale (1962) the school prayer held unconstitutional had been written by state officials. A child might be excused from this exercise upon the written request of his parents or guardian. 203 (1963)Ī Pennsylvania statute required that at least ten verses from the Holy Bible be read, without comment, at the opening of each public school day. ![]()
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